Haydee Dijkstal

  • Year of Call 2018

Introduction

Introduction

Haydee Dijkstal is a barrister practicing international criminal law, international human rights law and general crime.   She is also a US attorney with nearly a decade of experience in international law.

Haydee's international practice is before international criminal tribunals, regional human rights court and domestic courts. Her practice has included cases before the International Criminal Court, International Tribunal for the Former Yugoslavia, Special Court for Sierra Leone and the African Commission and African Court on Human and Peoples’ Rights, and has involved the representation of victims, governments and accused persons. 

Haydee is currently a member of the legal team acting before the International Criminal Court on behalf of the Government of the Union of the Comoros as well as nearly 350 victims for the case concerning the Gaza Freedom Flotilla. This work has also included Alien Tort Statute, Torture Victim Protection Act and Foreign Sovereign Immunity Act litigation in US federal courts.  She is also currently on legal teams representing victims of human rights violations before the UN Working Group on Arbitrary Detention.

In addition to her legal practice, Haydee founded and manages a UK ‘small charity’, called ICL Media Review, dedicated to providing publications on developments in international criminal and human rights law.

Haydee received an LL.M. in International and Comparative Law with a focus on international criminal law from George Washington University Law School in Washington DC, a juris doctor degree from University of Wyoming College of Law and a Bachelor's degree in international relations from Rhodes College.

Notable Cases

Notable Cases

Notable International Criminal Law cases:

  • International Criminal Court (ICC), Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia – Legal team for the Government of the Union of the Comoros and Victims of the Gaza Freedom Flotilla (2014 – present)
  • International Criminal Court (ICC), Prosecutor v. Abdullah Al-Senussi et al. – Defence team for former Libyan Spy Chief, Abdullah Al-Senussi (2013-2017)
  • International Criminal Tribunal for the Former Yugoslavia (ICTY), Prosecutor v. Milan Lukić - Defence team for former head of a Serb paramilitary group in review proceedings (2013-2015)
  • Special Court for Sierra Leone (SCSL), Prosecutor v. Prince TaylorDefence team in contempt proceedings (2013)
  • International Criminal Court (ICC), Prosecutor v. Banda and Jerbo – Legal team for Sudanese Victims participating in proceedings (2011-2013)
  • International Criminal Court (ICC), Prosecutor v. Ruto et al. - Legal team for the Government of Kenya (2011-2012)
  • International Criminal Court (ICC), Prosecutor v. Muthuara et al., - Legal team for the Government of Kenya (2011-2012)
  • Special Court for Sierra Leone (SCSL), Prosecutor v. Charles Taylor -  Defence team for former Liberian President, Charles Taylor (2009-2010)

Notable International Human Rights cases: 

  • UN Working Group on Arbitrary Detention, Application concerning detention of Moroccan Journalists and Protesters – Legal team on behalf of detained journalist (2018 – present)
  • UN Working Group on Arbitrary Detention, Application concerning former South Korean President Park Geun-hye – Legal team on behalf of former South Korean President, Park Geun-hye (2017)
  • African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. LibyaLegal team on behalf of Saif Al-Islam Gaddafi (2013-2016)
  • African Commission on Human and Peoples’ Rights, Case on behalf of 529 individuals sentenced to death in Egypt – Legal team for individuals sentenced to death (2014-2015)
  • African Commission on Human and Peoples’ Rights, Saif Al-Islam Gaddafi v. Libya – Legal team on behalf of Saif Al-Islam Gaddafi (2012-2013)

International Law in Domestic Jurisdictions: 

  • United States District Court, Central District of California, Dogan v. Barak – Legal team for victims bringing claims before US Federal Court under the Alien Tort Statute and Torture Victim Protection Act (2015 – present)
  • UK Metropolitan Police War Crimes Unit (SO-15), Application for a Scoping Exercise on Torture – Legal team for victims of torture in the UAE (2017)
  • U.S. District Court for the District of Columbia, Schermerhorn, et al., v. The State of Israel et al., - Legal team for victims bringing claims before US Federal Court under the Foreign Sovereign Immunities Act (2015-2017)
  • UK Metropolitan Police War Crimes Unit (SO-15), Application for a Scoping Exercise on Torture and War Crimes – Legal team for victims of the Gaza Freedom Flotilla (2014-2017)

International Legal Advice Work: 

  • Western Kingston Commission of Enquiry 2016, Tivoli Garden Committee – Legal advice for victims’ group on incident of police brutality in 2010
  • Multi-National Oil and Gas Exploration Company, Legal Advice on International ObligationsLegal team providing advice on corporate responsibilities and potential liabilities under international human rights and criminal laws concerning natural resources and indigenous peoples.
  • Government of Sudan – Legal team providing legal advice on international law (2012)

Professional Admissions

Professional Admissions

Bar of the State of Illinois (2010)

Bar of England and Wales (2018)

International Criminal Court, List of Counsel (2019)

Qualifications

Qualifications

George Washington University Law School, Washington, DC

  • Master of Law (LL.M.) – International and Comparative Law

University of Wyoming, College of Law, Laramie, WY

  • Juris Doctor (JD)

Rhodes College, Memphis, TN

  • Bachelor of Arts – International Relations 

Additional qualifications

Justice Rapid Response, The Hague, The Netherlands

  • Rostered Expert for deployment on deploy on international justice and rule of law related missions, including United Nations commission of inquiries and fact-finding missions concerning violations of international human rights and humanitarian law 

George Washington University / Oxford University Program in International Human Rights Law

  • Certificate in Human Rights Law

Publications

Publications

  • 'Destruction of Cultural Heritage before the ICC: The Influence of Human Rights on Reparations Proceedings for Victims and the Accused', Journal of International Criminal Justice, (Published: 25 June 2019). Available here.
  • ABA International Courts Year-in-Review Publication 2018, Chapter on the International Criminal Court (Published: June 2019). Available here.
  • 'Yemen and the Stockholm Agreement:  Background, Context and the Significance of the Agreement,' American Society of International Law: ASIL Insight (Published: 31 May 2019).  Available here.  
  • ‘The Dakota Access Pipeline and the Destruction of Cultural Heritage: Applying the Crime Against Humanity of Persecution before the ICC’, Minnesota Journal of International Law, Issue 1 Volume 28 (Published: 28 February 2019). Available here.
  • ‘Victim Rights and the ICC Pre-Trial Chamber’s Decision on the Jurisdiction of the Court over the Crime of Deportation Against the Rohingya People’, American Society of International Law: ASIL Insights (Published: 26 November 2018). Available here.
  • ABA International Courts Year-in-Review Publication 2017, Chapter on the International Criminal Court (Published: July 2018). Available here.
  • ‘How President Trump’s Recognition of Jerusalem Could Affect the International Criminal Court’s Preliminary Examination into the Situation in Palestine’, Justice Hub (Published: 19 February 2018). Available here.
  • ‘Tunisia’s declaration for direct access to the African Court is an important step for dual African Union and Arab League nations’, Middle East Monitor (Published: 1 June 2017). Available here.

Memberships

Memberships

International Criminal Court Bar Association (ICCBA)

  • Elected Committee Member: Victims Committee (July 2019-2020)
  • Elected Committee Member: Amicus Committee (July 2018-2019)
  • Elected Committee Member: Counsel Support Staff Committee (July 2018-2019)
  • Elected Committee Member: Counsel Support Staff Committee (July 2017-2018)

American Bar Association (ABA), International Courts & Judicial Affairs Committee

  • Appointed Vice-Chair: (Aug 2019 - 2020)
  • Appointed Co-Chair (July 2018-2019)

Bar Human Rights Committee

  • Member (2019)

ICL Media Review (‘UK Small Charity’)

  • Board of Trustee member (2011 – present)

Direct Access

Direct Access

Haydee is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Haydee on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.   

The areas of practice in which Haydee most commonly provides legal services are matters relating to:

(1)   International Human Rights Law;
(2)   International Criminal Law;
(3)   Public International Law; and
(4)   General crime.

Her most commonly provided legal services are:

(1)   Representation in international and domestic courts and tribunals;
(2)   Drafting written submissions and / or correspondence to international courts and tribunals; and
(3)   Advising in conference.

Haydee’s most commonly used pricing models, are:

(1)   A fixed fee – for specific hearings, drafting of specific submissions or for phases of cases.
(2)   Hourly rate – for other work.